Complaint agaisnt acjm
rajeev
(Querist) 18 July 2015
This query is : Resolved
I am a Canadian National and my wife is also a Canadian National. After she lost her case in Canada she came to India and files a fake 498a, 3/4DPAct, 406, 420, 504 & 506.
For last 2 years I am stuck in India fighting this case, there are only three main witness and 5 police office. My trial is ordered to be day to day. The siting Judge in my case doesn't give a crap about my case, my livelihood or for that matter anything else. Here is my doubt that he is biased or has been bought over.
When the questioning of my wife was going on, one day while my lawyers were asking question to my wife, the Judge stopped the questioning and he advised us that we should file all the evidence and then ask the question. 4-5 days later we went to file all the evidence, on that day he said " that I came fro a civil court and I don't know all the criminal rules and I have made an mistake" the evidence can't be submitted now, it can only be submitted later. We had no choice but to accept his stupid reasoning. Again we went back to questioning and after few minutes he told us we can't ask this and that and he closed her questioning. Even at that time I told my lawyers to file a complaint or move for TA but they advised me to wait.
1- He has set my trial every day at 3:00 pm...but my trial never start before 3:30 and by 4:00-4:15pm he closes the hearing for that day. My advocate has requested him so many that please reschedule the timing to anytime in the morning but he has refused time after time.
2- Every request we make he turns it down even if our request are 100% genuine.
3- I got bail from ADG courts about an year ago on producing two Jamanatdar who has to produce assets worth 1 lacs, I had to sign a personal bond worth 80000.00 and give a guarantee of my house. I provided YELLOW CARD, on that basis the ADG granted me bail.
4- 2 Months later on the same basis my Canadian passport was released. He never asked me to verify my Yellow Card or get the Valuation of my house done.
5- The earlier order states that every time I have to go out of India I can request the trial Judge for the permission to go.
6- 30 days back me and my lawyers told the Judge that there a court date coming in Canada and I would like to go and attend the court date.
7- He told us to file an application and he will grant me permission.
8- 4 days back I submitted the application. I submitted Canadian court order, my travel tickets, hotels and car rental receipt etc to him with my application. My ticket was for 16th, the Judge knew about this.
9- I did all this on 13th of this month, 14th he didn't show up in the court. On 15th he told us to get the Jamanatdar verified, we did that....the was out of the court from 3:00pm till 5:45pm, he came back to the court, we were waiting for him, He told us that the Jamanadar are okay and we can leave and next day we will get the order.
10- On 16th at 3:00pm sharp we went to the court, the Judge was no where in the court. he came at 4:56pm and signed the order. The peon came and gave us the order and while we were reading the order we saw that the Judge quietly was leaving from the back door. HE HAS REFUSED THE ORDER FOR ME TO TRAVEL OUT OF INDIA. IN HIS THREE PAGE order he has accepted all my documents etc and he has given only one reason for cancelling my application. He states that my yellow card is not legal documents as it doesn't give the valuation of my house.
11- The earlier order which was passed by ADG had accepted the same yellow card and this Judge who is much lower than ADG refused my request.
12- In his order he has mentioned that this trial is supposed to be day to day and at the same time he gives and order on 16th and he gives the next date for 28th of this month. He contradicts his own statement in his given order.
13- As I said I a Canadian National and I have almost no money left and don't know what to do, the Judge won't let me go to Canada to attend my court dates as my wife is in Canada and she is filing motions after motions in Canada alleging that I am not coming back to Canada and I am the one who is delaying the trial in India and in Canada.
14- This is after my wife is the one who has filed the same case against me in Canada first and then in India. I am being tried for the same crime in two country at the same time.
15- I am really frustrated, broke away from Canada since November of 2012. I do not know what to do......I really think this Judge is not going to listen to anyone of my reason. My wife hasn't even produced one documents or any other evidences which can prove that I am guilty. I have dozens of documents, photographs, videos, banks transfer receipt etc etc which will prove that my wife is 100% lair and all her case is only based on VERBAL ALLEGATION.
16- Please guide me.........what are my options. Where can I file complaints against this Judge. Earlier when we had filed for TA (because of the 3:00 pm rule) the CJM has refused by saying that all the courts are very busy.
I am really stuck and if this keep going on he will hang me.
Thanks.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 July 2015
It seems you are conducting your cases in hurry to get results.
This site and so similar others are full of stories that this or that injustice is done.And people start complaining after action has happened.
And complaints do not work it will further complicate matters.
In the instant case go for revision is sessions court., you will get immediate results.
File counter cases against the opponent and their relatives and also keep them busy.
And when you are NRI you can afford to keep a battery of lawyers and plan steps, cross questions in orderly manner.
It seems you are much dependent on legal help which lacks fast action.
You can get results by action , counter actions and not complaints.
rajeev
(Querist) 19 July 2015
Mr. Advocate Defense: For last 30 months I am stuck in India with no source of income, no job. whatever savings I had I have spend it on fighting this case and it doesn't seem like I am going to get any Justice. I will only get Justice if the case moves but they are just delaying it.
Hardik Mehta
(Expert) 20 July 2015
Rajeev, just ask the Canadian authorities to postpone the date since you are stuck up in India for the cases filed by the wife.Alternatively you can ask for video conference from Canada Court which I think that they would obliged. And dont worry to complain against the judge now, just mention that the effective working of the courts do not happen. Get the witness statements, cross etc done.
rajeev
(Querist) 20 July 2015
Thanks Mr. Mehta. The Ontario court is the most busiest court in Canada.......you gate dates after 3-4 months waiting time. It's a trial so it cant be done via video conferencing. Appearance is must.
Hardik Mehta
(Expert) 21 July 2015
Apply in Sessions for permanent exemption as well as travel to Canada. Cite Human Rights violations
rajeev
(Querist) 22 July 2015
thanks mr. mehta
